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Showing contexts for: common intention rape in The State Of M.P. vs Kallu & Ors. on 13 December, 2018Matching Fragments
15. In this case, the charge under section 376(2)(g) was also framed against accused Mahesh. In this regard, in the case of Priya Patel Vs. State of M.P. and another, JT 2006 (6) SC 303, it has been observed by the Supreme Court in Para 8:-
"8. By operation of the deeming provision, a person who has not actually committed rape is deemed to have committed rape even if only one of the group in furtherance of the common intention has committed rape. 'Common intention' is dealt with in Section 34 IPC and provides that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it was done by him alone. 'Common intention' denotes action in concert and necessarily postulates a pre- arranged plan, a prior meeting of minds and an element of participation in action. The acts may be different and vary in character, but must be actuated by the same common intention, which is different from same intention or similar intention. The sine qua non for bringing in application of Section 34 IPC that the act must be done in furtherance of the common intention to do a criminal act. The expression 'in furtherance of their common intention' as appearing in the Explanation to Section 376(2) relates to intention to commit rape."